Calculation Of Active Hedge Height

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twits
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Calculation Of Active Hedge Height

Post by twits » Mon Feb 28, 2011 12:51 am

I've tried my best to try and find my answer in previous posts but can't seem to find anything, so apologies if this question has been asked before.

I am one of those nasty people who own a hedge over 2 meters high. The neighbour behind our property teamed up with his next door neighbour and instigated a case with the council. The council have issued a remedial notice to reduce the hedge to 2.5 meters.

I have run some figures through the hedge height spreadsheet and it seems that the calculations are incorrect for the active hedge length, which in turn makes the active hedge height incorrect. The council have provided no figures or proof of calculations. It seems that they have just measured the width of the property from border to border and the distance away from the house. In reality there is a 2m and 1m gap either side of the hedge and does not run the full length of the border.

Questions I have:

Do the council have to provide measurements / proof of calculations?
Do we have the right to question how they reached their action hedge height?
Do councils have to follow the BRE guidelines and recommendations in the High Hedge & Light Loss pdf?
Can the 2 neighbours be treated as one case or does each household need a fresh case for each hedge involved.

We have absolutely no problem with cutting the trees down to an acceptable level, we just need to know that the council have acted fairly and impartial. If there are guidelines out there that the council should be using, how do we know they are following the guides they are given and not just making us cut trees down to the absolute minimum.


Many thanks for advice given on my questions.

despair
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Re: Calculation Of Active Hedge Height

Post by despair » Mon Feb 28, 2011 9:19 am

I assume you have factored in which direction the hedge faces

What you need to think about is

1) effect of the hedge on your neighbours
2) safe cutting height

I endure a 3 metre high hedge and its effect on my garden is horrendous plus its a mess and far too high for me to safely cut but i know nothing at all can be done under HH Law

Keepitlegal
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Re: Calculation Of Active Hedge Height

Post by Keepitlegal » Mon Feb 28, 2011 5:41 pm

As your neighbours will have spent some of their hard earned cash on pursuing this action with the council I think you should accept there ruling and cut down your offensive hedge/tree, I cannot understand why anyone would want to grow anything to obstruct anyone elses view or cause problems with there neighbours, perhaps you should buy a plot of land in the middle of a field and build a house to live in, that way you can as unsocialable as you want and wont offend people.
I have no sympathy for you, I also have a NFH who is so lazy he doesnt 'garden', I am disabled and have to pay to have his shrubs pruned so get off your high horse and stop causing grief, cut them down to a respectable height.

despair
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Re: Calculation Of Active Hedge Height

Post by despair » Mon Feb 28, 2011 7:58 pm

Very well said

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twits
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Re: Calculation Of Active Hedge Height

Post by twits » Mon Feb 28, 2011 8:26 pm

@ Keepitlegal & despair, thank you very much for actually taking the time to -READ- my post. I believe you would do well in the world of politics and avoiding to actually answer a question. Trolling a forum post and giving your opinions when I have not asked for them, nor do I care about them doesn't help anyone in a similar situation. Within hedge law there are 2 sides to every case, hedge owners want privacy, whilst others want 100% sunshine 24 hours of the day shining on their plots of lands.

As stated in my post, we have no problem with cutting the trees down to stump level if that is what is required to do so by law. We keep our branches 100% on our side and do all the trimming.

Could I enquire what has your quote below got to do with the questions I asked?
Keepitlegal wrote:I am disabled and have to pay to have his shrubs pruned so get off your high horse and stop causing grief, cut them down to a respectable height.
Playing the disabled card, to give you the right to be rude? I can see exactly why you have problems with your neighbour when it is obvious you have no manners.

So back to the topic and questions I asked advice on, which are legal matters and how councils conduct themselves. From searching on the web it is apparent that the councils have guidelines and pre-written templates to ensure the correct wording of correspondence.

Please keep to the topic, it is not about who has the right to tell people what to do. It's about how councils conduct their findings.

mr sheen
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Re: Calculation Of Active Hedge Height

Post by mr sheen » Mon Feb 28, 2011 9:42 pm

Many of us here wish to assist people to resolve disputes in an amicable, adult manner and do not have the expertise to assist those adjudicated by their Council to be guilty of causing a nuisance to their neighbours. In such cases remedial action to address the nuisance is the way to go.
If you wish to scrutinise the ruling with a fine tooth comb or question the calculations, I would suggest you consult a solicitor.

TO
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Re: Calculation Of Active Hedge Height

Post by TO » Mon Feb 28, 2011 10:02 pm

Hi twits

So you noticed quite quickly that some people express their opinions and thoughts based on their very narrow experience as facts. I must confess I always thought despots high hedge was twelvety metres plus and then some high. Three metres, it's hardly worth moaning about, unless of course moaning is all it's about. And of course the disabled have rights over and above the rights of everyone else, don't they. Complaining about not getting their way because they're disabled when treated equally, and about not being treated equally because they're disabled when trying to get their way.

Take no notice of them.
twits wrote:Do the council have to provide measurements / proof of calculations?
No, but you could always ask for copies of the field notes etc. If refused a Freedom of Information request should get you what you want.
twits wrote:Do we have the right to question how they reached their action hedge height?
Yes it's called the appeal. Do it now if you can.
twits wrote:Do councils have to follow the BRE guidelines and recommendations in the High Hedge & Light Loss pdf?
No, and that was made clear to me in no uncertain terms by a Planning Inspector at an appeal. But they should be able to justify their reasoning for the decision.
twits wrote:Can the 2 neighbours be treated as one case or does each household need a fresh case for each hedge involved.
If it's one hedge and two separate neighbours then it's two separate complaints, two separate fees, two separate decisions making process's and two separate decisions. See para 5.19 (a) of the document below
http://www.communities.gov.uk/documents ... laints.pdf

The above document and the one below are used by Councils when determining complaints but are only guidance.

http://www.communities.gov.uk/documents ... height.pdf

TO

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twits
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Re: Calculation Of Active Hedge Height

Post by twits » Mon Feb 28, 2011 10:39 pm

@ To thank you so much for the informative reply, very helpful.

The appeal procedure is worth noting that it goes both ways. If you feel the notice goes too far or too lenient.

It seems strange that the councils don't follow the guides given by the BRE and the Hedge Height & Light Loss guide, the documents are quite an interesting read for understanding light and how it effects around a property. All the information in them is based on sound mathematical calculations.

I'll take a look into the links you've provided and read some more. Kudos to you To.

despair
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Re: Calculation Of Active Hedge Height

Post by despair » Tue Mar 01, 2011 12:20 am

1) twits has not said how high their hedge is although i note they keep it back to the boundary

2)Thus a remedial notice to reduce to 2.5 metres will hardly have been considered lightly by any Council as i understand its very difficult indeed to get a positive response to a HH Law case

3) privacy is one thing but a high hedge even when well maintained can indeed have a serious affect on other neighbours

4) As TO rightly says you can appeal

As for the insults you and TO like to send flying ........a hedge of over 3 metres high is considered too high for safe cutting by amateurs ......and when your once beautiful garden has been wrecked by the effect of a high hedge that you know the HH Law has no hope of touching threads like twits cut a raw nerve

Fit or disabled ,wealthy or poor ......the costs of having tree surgeons in to cut back a neighbours hedge is a considerable sum that many people simply cannot afford

Keepitlegal
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Re: Calculation Of Active Hedge Height

Post by Keepitlegal » Wed Mar 02, 2011 12:14 pm

twits

It is an unfortunate fact of life that the truth often hurts, as I said accept the ruling. As for 'playing the disabled card' I am not sure as to what you mean? I have not used my disability to discredit you or your post, as for being rude to my NFH, the council have agreed with me and our other neighbours who are affected by the high hedge I have complained about, and have informed my NFH that he has to remove several shrubs.

Regards (and not being rude)
keepitlegal

TO
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Re: Calculation Of Active Hedge Height

Post by TO » Wed Mar 02, 2011 8:04 pm

Hi
despair wrote:1) twits has not said how high their hedge is although i note they keep it back to the boundary
How is this relevant to anything.
despair wrote:2)Thus a remedial notice to reduce to 2.5 metres will hardly have been considered lightly by any Council as i understand its very difficult indeed to get a positive response to a HH Law case
The Local Authority, (not the Council), take no high hedge complaint lightly. A positive response, that will be getting your way, without any consideration to your neighbour. But hey, what rights do they have. None because you are the only one with rights.
despair wrote:3) privacy is one thing but a high hedge even when well maintained can indeed have a serious affect on other neighbours
Not sure where privacy came into this, but privacy is something your neighbour has a right to, and will be considered as part of a high hedge complaint. Although each complaint is dealt with on its merits 3.5m is the hedge height considered acceptable to provide adequate privacy on level ground between first floor windows and the garden. Who is the arbiter of what constitutes well maintained. Sorry I should have known better than ask. It's you of course. When considering a high hedge complaint both sides have to be given equal consideration. Despite what the complainant might think, it's not all about them.
Keepitlegal wrote:as I said accept the ruling
Keepitlegal what gives you the right to tell twits what to do. It's for them to decide. Maybe you think that you too have rights over and above the rest of us, you don't, and that's the truth.
Keepitlegal wrote:the council have agreed with me and our other neighbours who are affected by the high hedge I have complained about, and have informed my NFH that he has to remove several shrubs
I find this difficult to believe as the Local Authority cannot require the removal of the shrubs or trees that comprise a high hedge, or works that would result in their death.
twits wrote:It seems strange that the councils don't follow the guides
The guidance cannot cover every single situation. After all each complaint will be different and each has to be dealt with on its merits. As I said earlier the decision has to be justified, and this justification should be set out in the decision.

TO

Keepitlegal
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Re: Calculation Of Active Hedge Height

Post by Keepitlegal » Wed Mar 02, 2011 9:21 pm

TO
with reference to:

I find this difficult to believe as the Local Authority cannot require the removal of the shrubs or trees that comprise a high hedge, or works that would result in their death.

Because my NFH does not own the land these shrubs are planted on that is why they have to be removed they are planted on council land!

As for your comment:

Keepitlegal what gives you the right to tell twits what to do. It's for them to decide. Maybe you think that you too have rights over and above the rest of us, you don't, and that's the truth.

No it is not for them to decide, the council have told them they must reduce the height of there shrubs, I am simply re-iterating what the council have already said ie reduce the height of the shrubs.

ukmicky
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Re: Calculation Of Active Hedge Height

Post by ukmicky » Wed Mar 02, 2011 9:42 pm

No it is not for them to decide
It is actually ,there are options availiable that mean that at present they dont have to comply.
Any information provided is not legal advice and you are advised to gain a professional opinion

arborlad
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Re: Calculation Of Active Hedge Height

Post by arborlad » Wed Mar 02, 2011 9:46 pm

Keepitlegal wrote:they are planted on council land!

.
Is this council land, as in a council house garden, or some other situation?
arborlad

smile...it confuses people

Keepitlegal
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Re: Calculation Of Active Hedge Height

Post by Keepitlegal » Thu Mar 03, 2011 4:45 pm

arborlad

No its not a council garden it is land adjacent to the neighbours garden, owned by the council it has the services (gas electric etc and the street light is also sited on it) under.

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